Order of Protection

A violation occurs when the abuser/Respondent commits further abuse or trespasses on any property listed as a “protected address” in the Order of Protection.  The Respondent can be arrested and may be subject to jail and/or a fine.  Even if an arrest is not made, you can contact the State’s Attorney’s Office regarding the violation.  You also have the ability to enforce the Order of Protection yourself by asking the court to hold the Respondent in contempt for the violations.  If found in contempt, the court may sanction the Respondent with a fine and/or imprisonment.  To ask the court to hold the Respondent in contempt of court for violating the Order of Protection, you must file a Petition for Rule to Show Cause  and have the Respondent served with an Order to Show Cause.  

An Order of Protection can be filled out by yourself, with your attorney or with a domestic violence advocate.  You will be asked to list the most recent act(s) of abuse or threatening behavior and any history of such behavior.  You should describe in detail any injuries you received, any weapons used and if anyone else was present, including children.  You will be asked to provide information about the person you are filing against (called the “Respondent”), including an address and birthdate.  

Go through all the remedies listed on the Petition and choose the ones that will address safety for you and your household.  After you have filed your paperwork, you will be taken to see a judge on that same day.  The judge will read your Petition, ask you some questions and decide to grant or deny the Emergency Order of Protection (EOP).  If the judge determines there is no immediate need for emergency relief and denies the EOP, you may still proceed with a request for a two-year Plenary Order of Protection.  If the judge grants the EOP, the EOP is not enforceable until the Respondent is served with the Order. You will receive guidance on how to have the Respondent served with the EOP.

A “return hearing” will be held approximately 2 to 3 weeks after the EOP was granted or denied.  The purpose of this first hearing is to (1) see if the Respondent has been served by the Sheriff and (2) to determine if the Respondent is in agreement with the Order of Protection or wants to contest the order.  If the Respondent disagrees with the request for an Order of Protection, a trial will be scheduled for a future date.  If there is an EOP in effect, the judge will extend the EOP so that you are protected while you wait for the trial date.  At the trial, the judge will decide whether to grant or deny a Plenary Order of Protection.  The court will also determine how long the order will be in effect; a Plenary Order of Protection can be valid for up to two years.  The Plenary Order may be modified or terminated during the time period it is in place.  The Order can also be extended by the judge, but you must file a written Motion with the court at least 30 days before it expires, explaining why you want the order extended and for how long you would like it extended.  The Respondent must be served with this Motion and a Notice of Hearing so that he/she may have an opportunity to appear and respond to this request.

You may apply for an Order of Protection at the appropriate County Courthouse (see, “In which County should I file for an Order of Protection?”).  There are three ways to obtain an Order of Protection:

1.    Criminal Court

2.    Civil Court in an action by itself

3.    Civil Court in connection with a divorce, child support, parentage, or other civil case  

If you are seeking an Order of Protection on your own, you can ask for help from the Advocate (see “Is there anyone who can help me obtain and Order of Protection?”).  You may also be eligible for support and assistance from other agencies at no charge.  Click here to view a list of Order of Protection resources.